Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-04-30
Opinions from the Commission.

The commission reply in the fol-
construction Of the law:
A careful reading of the act 10 regulate
''under which this commission is
organized" win show to the petitioners and
Others who have made similar applications
that the jurisdiction has been given us to
answer questions like those under cousidera-
lion. Two sections OF the law confer power
upon the commission TO entertain and de-
eide applications and petitions. Section
four empowers us, upon application by q
common carrier, 10 author1z re such common
carrier, In special cases, 10 charge less for a
longer than for a shorter distance over the
same line, and also to prescribe the extent Of
relief from the operation OF the former part
of the same section which it is designated a
common carrier may from time to time enjoy.
Iii obvious That applications like those Of
railway conductors and Traders aud Travellers
union have no relation whatever to the dutie
imposed upon US by section four; and this is
the commission has the power To
sus, rud or relax, Section thirteen au-
thortzes complaints 70 the commission, and
confeIs jurisdiction 4" entertain the same.
But neither railroad conc uctors ber the Trad
ers and Travellers uuion complain that any
common carrier has yiuigttd tue law. They
present no complaint ot spythIng done or
omitted in contraventiOn tf the provisions
of the law. If q railroad company should
issue "A pass to a conductor aud his family TO
attend the approaching convention, or should
transport 80 pounds OF baggage free for a
cou merciai traveller under the registry and
Indemnify system, and some person, feeling
aggricveo, should make complain. of unjust
Discrimination, 1t would then he proper for
the commission TO entertain the question of
whether such conduct MAS or was not a vio-
ist,on OF tue law, and, IL so, whether it was
or was not within the EXCEPTIONS as STATED
within section -. Complaints may also
De- presented II charges made by carriers
are not considered reasonable and Just. But
until questions OF this kind come before
Us in a way clearly indicated by the statute
1t would be worse than useless for US to ex-
press our opinion or give advice. We should
not only lay ourselves justly open to the
charge OF assuming unwarrapted authority,
but should also run a great risk OF involving
all concerned Ia what the courts might after
words hold TO be breaches Of the Law by hasty
and ill-considered conclusions, based upon
tx parte statements aud Con-
gress has not taken the management of
the railroads out OF the hands Of railroad
companies. 1t has simply established certain
general principles under which interstate
commerce must be conducted. Ii has enac-
ted la section | that all charges for inter state
tfansportaiion"sball he reasonable and JUST"
has prohibited in section 2 all manner Of un-
just determination has forbidden In section
) all undue and unreasonable preferences
and advantages; has required in
the same section reasonable and
EQUAL facilities for the interchauges Of tire nic:
and has prohibitet in section : the pooling Of
freights. That, In substance, Is the inter-
state commerce law. There is nothing novel
In these provisions. They simply bring back
the business OF common carriers to the well
settled principles of common law. Yet no one
ran deny that there was urgent need Of their
statutory formulation. The alleged difficult
culfies In putting them In operation only dis
close examples OF the extent TO whicL they
have been violstea In the past.